Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenors - Suit for declaration of title and permanent injunction - Intervenors asserting their possession over suit land on the basis of oral gift made by defendant - They have also instituted suit along with plaintiffs against defendant in same Court - Said suit is sub judice - Intervenors are thus, proper..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, Limitation Act, 1963, Section 5, Article 123 -- Ex-parte decree - Setting aside of - Limitation - As per Explanation provided to Art.123 of Limitation Act, period of limitation would commence from date of knowledge of decree when defendant is served U.O.5.R.20 CPC - In the instant..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of injunction order - Suit property sold by Power of attorney during pendency of suit - Power of Attorney holder was not having knowledge of order of Court and act done by him was in good faith - He has also assured after getting knowledge of order that no further sale of any part of land would be made - It..........
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Civil Procedure Code, 1908, Order 8, Rule 6A -- Divorce - Counter claim to seek relief under the Act of 1955 - There is no period of limitation prescribed for filing counter claim in proceedings under Hindu Marriage Act - It is S.23-A of the Act of 1955 which is applicable for seeking counter claim as such O.8.R.6-A CPC is..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside of ex-parte decree - Delay of 920 days - Condonation of delay - JD already aware of ex-parte decree - No satisfactory explanation for said long delay - Delay not condoned...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution of LRs - All the LRs of deceased defendant were already on record in Trial Court in suit - One LR, who did not file his written statement remained ex parte - It is not necessary to implead him as party in first appeal...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution of LRs - Suit for specific performance - If out of all the LRs, majority of them are already on record and they contested the case on merits, it is not necessary to bring other LRs on record - Reason is that estate and interest of deceased devolve on LR is sufficiently represented by those..........
Civil Procedure Code, 1908, Order 12, Rule 6, Benami Transactions (Prohibition) Act, 1988, Section 4, 2(9) -- Judgment on admission - Partition suit - Plea of benami property - Property in question claimed to be purchased in the joint names of plaintiff and four defendants - Defendant on the other hand took plea that property in question was actually purchased equally by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Original Will could not be produced before trial Court, as same was in the custody of Tehsildar - Reasoning of trial Court proceeds mainly on the basis of original Will not being produced and therefore, signature of testator could not be compared or authenticated - Original Will was..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 1 -- Examination of witness by Local Commissioner - Sick person - Range of movement by itself cannot be construed to be an ailment disabling petitioner not to attend Court...........
